Being stopped or detained by U.S. Immigration and Customs Enforcement (ICE) can be frightening—especially if you are a United States citizen. ICE’s civil immigration detention authority is directed at noncitizens who may be subject to immigration enforcement; U.S. citizens are not subject to deportation simply because ICE mistakenly suspects otherwise.
Mistakes can happen, however, and U.S. citizens have been improperly detained in immigration-related cases. If ICE arrests or detains you, the most important thing is to remain calm and do not physically resist, even if you know the detention is a mistake.
Clearly tell the agents: “I am a United States citizen.” If you have readily available proof of citizenship—such as a valid U.S. passport, passport card, birth certificate, naturalization certificate, or certificate of citizenship—tell the agents that you can provide it. ICE materials addressing citizenship claims explain that evidence of citizenship can be presented and evaluated when citizenship is disputed.
You also have the right to remain silent. You do not need to provide lengthy explanations about where you were born, your family history, or your immigration background. Do not lie, provide false documents, or sign documents you do not understand.
Ask to speak with an attorney as soon as possible. Say clearly that you want legal counsel and that you are asserting U.S. citizenship. If you believe you have been unlawfully detained, remember as many details as possible—including the location, time, names or badge numbers of agents, witnesses, and what was said. This information could become important to your attorney.
Family members should immediately locate documents proving citizenship and contact an attorney experienced in immigration law, constitutional rights, or federal civil-rights litigation.
The key is simple: remain calm, do not resist, state that you are a U.S. citizen, preserve evidence of your citizenship, remain silent when appropriate, and request an attorney.
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